Delhi High Court
Avedh Nirman & Pollution Control ... vs The Commissioner Ndmc & Ors on 31 January, 2020
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 31.01.2020
+ W.P.(C) 6265/2018 & CM No.53787/2019
AVEDH NIRMAN & POLLUTION CONTROL
SANSTHA REGD. ..... Petitioner
Through Mr.Mohan Aggarwal, Adv.
with Mr.Vinay Kumar, Adv.
versus
THE COMMISSIONER NDMC & ORS ..... Respondents
Through Mr.Ajjay Aroraa, Adv. with
Mr.Kapil Dutta, Adv. for
NDMC.
Mr.Jagdeep K. Sharma, Adv.
for R-2/DDA.
Mr.Anjum Javed, Adv. with
Mr.Faran Ahmed, Adv. for
R-3.
Mr.Anunava Mehta, Adv. with
Mr.Akshay Deep Singhal, Adv.
for R-4.
SI Usman, PS Anand Parbat.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, CHIEF JUSTICE (ORAL)
1. This so-called Public Interest Litigation has been preferred for
the following prayers:-
"A. Issue a writ of mandamus, or any other appropriate
writ order or direction to the respondent no. 1, 2 and 3 to
enforce the provisions of DMC Act, 1957 qua the
respondent no. 4.
B. Direct the respondent no. 1, 2 and 3 to carry out the
demolition of the illegal construction which has been done
over the Govt. land by making encroachment in file
property bearing no. RA-10, Ram Dharam Kata, Road No.
10, Vishwakarma Marg, Anand Parbat Industrial Area,
New Delhi-110005, Plot No. P-1, Road No. 10, Anand
Parbat Industrial Area, New Delhi-110005,17/16 &17/17,
New Rohtak Road, Side Road of Zakhira Fly over. New
Delhi-110005, H-20, Gali No. 7, Nehru Nagar, New
Delhi-110008, H-21, Gali No. 8, Nehru Nagar, New
Delhi-110008, because the respondent no. 4 have grabbed
the above said Govt. land and not obtained the required
sanction and approved plan from the respondent no. 1.
C. Direct the respondent no. 1,2 and 3 after demolition
in the above said properties proper fencing be done to
protect the above said Govt land.
D. Pass any other order or further order which this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case."
2. Having heard learned counsel for the parties and looking to the
facts and circumstances of the case, it appears that several grievances
have been ventilated by the petitioner about the so-called
encroachments and illegal constructions by the respondent no.4 at the
place mentioned in the aforesaid prayer clause as well as in the writ
petition, which are required to be removed by the respondent nos.1 &
2.
3. It ought to be kept in mind that the legality and otherwise of the
constructions carried out by respondent no.4 cannot be decided on the
basis of annexures. The same has to be decided on the basis of cogent
evidence/documents led before the Trial Court or before the
concerned authorities.
4. We, therefore, direct the concerned authorities of respondent
nos.1 & 2 to appreciate the illegality and otherwise of the
constructions carried out by respondent no.4 at the premises
mentioned hereinabove.
5. The decision will be taken by the respondent no.1 about the
legality and otherwise of the constructions carried out by respondent
no.4 in accordance with law, rules, regulations & Government
Policies applicable to the facts of the case and after giving adequate
opportunity of being heard to the owner/occupier of the super
structures.
6. If the respondent nos.1 & 2 come to the conclusion that the
constructions are illegal and unauthorised and in violation of the
Delhi Municipal Corporation Act, 1957, the same shall be removed in
accordance with the law, rules, regulations & Government Policies
applicable to the facts of each case. This exercise shall be done as
early as possible and practicable.
7. The petition and pending application are disposed of in the
aforesaid terms.
CHIEF JUSTICE
JANUARY 31, 2020/aa C.HARI SHANKAR, J
